LAKE GEORGE PARK COMMISSION MEETING NO. 448

TUESDAY OCTOBER 27, 2015 BOLTON TOWN HALL

BOLTON, NY

PRESIDING: Bruce E. Young, Chairman

COMMISSION MEMBERS PRESENT: Kenneth Parker Dean Cook John Pettica William Mason Marc Migliore

COMMISSION MEMBERS ABSENT: John McDonald Dave Floyd James Kneeshaw

Joe Stanek COMMISSION STAFF PRESENT: Dave Wick, Executive Director

Keith G. Fish, Operation’s Director Molly Gallagher, Environmental Analyst II

Joseph A. Thouin, Environmental Analyst I Joseph Johns, Director of Law Enforcement Michelle Way, Calculations Clerk II

COMMISSION COUNSEL PRESENT: Eileen Haynes

OTHERS PRESENT: Carol Collins John Salvador, Jr. Tricia Freer Rosemary Pusateri Steve Seaboyer Pat Dowd Kristen Rohne Chris Girard Amanda Metzger

ITEM #1 — INTRODUCTIONS, ROLL CALL, MINUTES OF PREVIOUS MEETING: BRUCE E. YOUNG The meeting was called to order at 10:00 a.m. and the roll call was taken. Kenneth Parker made a motion to approve the September meeting minutes which was seconded by Dean Cook. All members present voted unanimously to approve. ITEM #2 — FISCAL ACTIONS REPORT FOR SEPTEMBER 2015: BRUCE E. YOUNG Dean Cook made a motion to approve the September Fiscal Actions Report which was seconded by Joe Stanek; all members present voted unanimously. ITEM #3 — AQUATIC INVASIVE SPECIES PROGRAM UPDATE: DAVE WICK Milfoil: Dave Wick, Executive Director of the Lake George Park Commission spoke about the milfoil management in Lake George. He said that there are 225 known sites of milfoil and all have been actively managed.

• $400,000.00 has been spent on milfoil management this year. • 100,000 pounds of milfoil has been removed from the Lake which equals approximately

4,000 bags. Mr. Wick said that Senator Betty Little has been successful in getting $100,000.00 in EPF funds for the Lake George Park Commission but he does not anticipate getting those funds this year. Asian clam: Mr. Wick spoke further about the Lake-wide Survey. He said that Roger’s Rock is the most northern site (2 acre site) which is primarily sand and is currently being managed. The management is planned to last a total of 4 days with an 11 member crew which is AIM’s last project this season. The goal of this final project is eradication. A discussion on scientific efforts of the parasitic worm followed as well as a discussion on when the benthic matting will be removed from Roger’s Rock which are planned to be removed by May 15th per DEC’s request. Mr. Wick thanked both the DEC and the APA for their quick turn-around time with permits for the invasive species matting. A discussion followed regarding the schedule of Mandatory Boat Inspection sites, the inclusion of Trout Lake in the Mandatory Boat Inspection Program, Asian clams found at Roger’s Rock and future management and cost. ITEM #4 — PROJECT REVIEW, ACCEPTANCE OF THE PROJECT REVIEW ACTIONS REPORT: MOLLY GALLAGHER

Resolution 2015-60 — Project Review Actions Report John Pettica read and moved to approve the Project Review Actions Report which was seconded by Dean Cook, all members present voting affirmatively. WHEREAS the Commission has received and reviewed the Project Review Actions Report

prepared by staff and dated October 13, 2015. WHEREAS the Project Review Committee recommends acceptance of the Project Review

Actions Report. NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review Actions Report be incorporated in the minutes of the full Commission meeting. Variance Request for Wharf Modification Submitted by Darwin & Cynthia DeLappa, Town of Queensbury, County of Warren Joe Thouin introduced the application of Darwin and Cynthia DeLappa. He said that the applicants would like to construct an open sided boatcover/sundeck and maintain their existing dock in the sideline setback. A variance is required. Chris Girard of the Dock Doctors spoke on behalf of the applicants. He said that the applicants are requesting a sideline setback variance based on a previously approved application from 1995. Mr. Girard explained that in 1994/1995 the DeLappa’s were able to purchase an additional 21 feet of lake frontage. They applied for and received all the necessary permits but did not complete the project at that time. All neighboring properties are in favor of the application. Dean Cook said that he is in favor of the project and likes that the DeLappa’s are not making any violation worse. The sundeck is inside the perimeter of the dock. William Mason said that he agrees and would approve the application. John Pettica said that he is also happy with the application. Kenneth Parker said that he is satisfied. Marc Migliore said that he concurs. Chairman Young spoke about the hardship of having to purchase an additional 21 feet of property from a neighbor to rectify the problem. He said that he has no problem with approving the application. Resolution 2015-61 John Pettica read and moved to approve the Resolution 2015-62 which was seconded by William Mason, all members present voting affirmatively.

WHEREAS the applicant has applied to maintain an existing U-shaped wharf and construct a boat cover/sundeck within the 20’ sideline setback; and WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and WHEREAS the Commission has made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and WHEREAS the action is considered to be a Minor project pursuant to 6NYCRR 645-5.3 and public notice has been published and distributed; and WHEREAS the applicant has requested variance from 6 NYCRR 646-1.1(c) (11) Every dock or wharf constructed shall have a minimum setback of twenty feet from the adjacent property line extended into the lake on the same axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high water mark, whichever results in the greater setback; and WHEREAS the applicant has demonstrated that strict conformance with the regulations will cause unnecessary hardship due to unique and peculiar circumstances which impose substantial financial, technical and safety burdens; and WHEREAS the Commission finds that there is no reasonable possibility that the applicant's property will bring a reasonable return following conformance with the regulations; and WHEREAS the Commission finds that the project represents the minimum necessary variance required to alleviate the hardship; and WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park. NOW THEREFORE BE IT RESOLVED The Lake George Park Commission hereby approves the request for variance and approves the above application as proposed.

ITEM #5 — PRESENTATION GIVEN BY THE CLEVERDALE WATER QUALITY COMMITTEE Tricia Freer, Rosemary Pusateri and Steve Seaboyer, Members of the Cleverdale Water Quality Committee, addressed the Commission members to discuss their concerns and recommendations for Lake George. Tricia Freer said that the mission of the Cleverdale Water Quality Committee is simple and that is to do all they can to protect Lake George. She went on to thank the Commission for all of their efforts in protecting the Lake. The members read from a prepared statement. For details please watch the video at www.lgpc.state.ny.us. ITEM #6 — LAW ENFORCEMENT COMMITTEE REPORT: KENNETH PARKER Vice-Chairman Parker said that a meeting was held at 9:00 a.m. where the Director of Law Enforcement gave a report on our the working relationship with NYS Park and Recreation. They discussed active enforcement cases, patrol activities as well as patrol inventory and future needs. Resolution 2015-62 — Law Enforcement Committee Report Kenneth Parker read and moved to approve the Law Enforcement Committee Report which was seconded by John Pettica, all members present voting affirmatively. WHEREAS the Law Enforcement Committee met October 27, 2015 to review matters

pertaining to the Lake George Park Commission=s Marine Patrol and the Commission's Law Enforcement Program, and

WHEREAS active Law Enforcement cases and their status were reviewed in Executive

Session, and WHEREAS the Law Enforcement Committee has reported on the results of that committee

meeting at this full Commission meeting, and WHEREAS the Law Enforcement Committee recommends acceptance of this month's Law

Enforcement Report. NOW THEREFORE BE IT RESOLVED that the Commission accepts the report of the Law Enforcement Committee. ITEM #7 — PUBLIC COMMENTS Kenneth Parker, Vice-Chairman Mr. Parker said that he thinks it’s great that the Cleverdale group is this active – he wishes that all neighborhoods and groups would do this.

Dean Cook, Commissioner Mr. Cook spoke about a 5 year plan and about getting together as a group to discuss the future of Lake George. John Pettica, Commissioner Mr. Pettica said that he would go along with what Dr. Cook has mentioned. Carol Collins Carol Collins said that she would like to third that thought. She said that she is an Assembly Point Water Quality member and she would fully support this. William Mason, Commissioner Mr. Mason said that he is also a member and would fully support it. He asked how to proceed. ITEM #8 — ADJOURNMENT Kenneth Parker made a motion to adjourn which was seconded by William Mason, all members present voted affirmatively. The meeting was adjourned at 10:41 a.m. SECRETARY’S NOTE: The next Commission meeting is scheduled for Tuesday, November 24, 2015, 10:00 a.m. at Fort William Henry Conference Center, Lake George, NY.